1970 02 12 CC Minutes9753
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
February 12, 1970
The City Council of the City of Baytown, Texas met in regular session on
Thursday, February 12, 1970 at 6:30 p.m., in the Council Room of the Baytown
City Hall with the following members in attendance:
Ted Kloesel Councilman
Leonard Stasney Councilman
Allen Cannon Councilman
Lamar Kelley Councilman
C. Glen Walker
D. R. Voelkel
W. R. Laughlin
Edna Oliver
Absent: David Evans
Don M. Hullum
Mayor
City Manager
City Attorney
City Clerk
Councilman
Councilman
The meeting was called to order by Mayor Walker, aftexwhich the Invocation
was offered by the Reverend Dan Fowler, First Baptist Church. Mayor Walker then
called for the minutes of the regular meeting of January 22, 1970, and special
meetings of January 29 and February 3. Councilman Kelley moved to approve the
minutes as submitted in written form. Councilman Stasney seconded the motion.
The vote follows.
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Offer - County Commissioner Ramsey
County Commissioner V. V. Ramsey appeared, before the Council to submit a
proposal for improvement of Baker Road from North Main to Garth Road. This
proposal was submitted after the Council had requested him to look at his bud-
get and see what the County could do on behalf of the Bond Issue since County
roads were included in the streets and thoroughfares portion of the proposed
bond issue. He proposed to bear the entire cost of constructing an additional
two -lane section of Baker Road fron ting Sterling High School, including the
construction of bridge over the Flood Control Ditch, but excluding construction
of curb and guttering. Councilman Kelley moved to accept the offer as sub-
mitted, and expressed thanks for the prompt response to the request of the
Council. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The Mayor and other members of the Council expressed their thanks to Mr.
Ramsey for the prompt and generous proposal.
Ordinance Annexing Park Street - Final Reading
Councilman Cannon moved to adopt Ordinance No. 1007 -A on final reading, which
provides for the extension of the city limits of Baytown to include Park Street
from the present city limits to the extension and intersection of Bayway Drive
on the southwest. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1007 -A
AN ORDINANCE CONTAINING ORDINANCE NO. 1007, INTRODUCED ON THE 7TH DAY
OF JANUARY, 1970, AND BEING, "AN ORDINANCE PROVIDING FOR THE EXTENSION
OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF CERTAIN TERRITORY CONSISTING ± 12.5 ACRES OF LAND, WHICH
SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS
OF THE CITY OF BAYTOWN, TEXAS." PROVIDING FOR THE FINAL PASSAGE OF SAID
Minutes, February 12, 1970 4754
ORDINANCE PURSUANT TO ARTICLE I, SECTION 9, OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS.
Defer Action Appointment Urban Rehabilitation Standards Board
The Council deferred action upon the appointment of four (4) members to serve
on the Urban Rehabilitation Standards Board until the next meeting, regular or
called.
Amending Code of Ordinances - Providing for Water & Sewer Service Charges - Penalty
City Attorney Laughlin reviewed the contents of an ordinance which amended
Chapter 31, Utilities to amend the manner in which jointly metered commercial units
are bills; to provide for the manner in which combinations of residential dwelling
units and commercial units not individually metered for water shall be billed; and
Section 31 -58 which provides that each water bill shall have a precalculated due
date, which shall be approximately fifteen (15) days from the date the bills are
to be mailed. If the water account is not paid by such due date, the customer
shall be charged a penalty in the amount of ten(108) percent of the amount of such
water charge, which shall be shown as the gross amount on such bill; reservation of
right to discontinue service on all past due charges plus provision for sewer ser-
vice charge for the jointly metered and penalty charge if not paid within the
specified time period. The same cut -off notice will be sent for the water, sewer,
and garbage delinquent services. Councilman Kloesel stated he was opposed to the
ordinance as he did not want to go to a penalty charge. Following some further
discussion, City Attorney asked the Council to decide the date on which the penalty
charge will go into effect as this has been left open for the consideration of the
Council. Councilman Stasney moved that the effective date he the first billing
cycle in April. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Councilman Stasney than moved that Ordinance 1015 which amended the Code of
` Ordinances to provide for billing, payment, discontinuance of service for water
f and sewer charges and providing a penalty for late payment be adopted. Council-
man Kelley seconded the motion. The vote follows:
Ayes: Councilmen Stasney, Cannon, and Kelley
Mayor Walker
Nays: Councilmen Kloesel
The caption of the ordinance follows:
ORDINANCE NO. 1015
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE AMENDMENT OF CHAPTER 31, UTILITIES, BY THE AMENDMENT OF SECTIONS
31 -56, 31 -58, 31 -59 (a), 31 -65, and 31 -66; REPEALING SECTION 31 -67, AND
REIESIGNATING SECTION 31 -68 AS SECTION 31 -67; PROVIDING FOR BILLING, PAY-
MENT, AND DISCONTINUANCE OF SERVICE PROCEDURES: PROVIDING FOR WATER AND
SEWER SERVICE CHARGES; PROVIDING FOR A PENALTY FOR LATE PAYMENT OF WATER
AND SEWER CHARGES; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance 1018 - Amending the Code of Ordinances - Garbage and Trash
Councilman Kelley moved to adopt an ordinance amending the Code of Ordinances
by the amendment of Chapter 14, which relates to garbage and trash and provides
for the same penalty procedure as shown in the water and sewer services; ten(10 &)
per cent penalty when not paid by the due date and providing for discontinuance of
service if bill is not paid in full on or before the specified date shown on the
discontinuance notice sent to the customer by the City. Councilman Stasney seconded
the motion. The vote follows:
Ayes: Councilmen Stasney, Cannon, and Kelley
Mayor Walker
Nays: Councilman Kloesel
The caption of the ordinance follows:
4755
Minutes, February 12, 1970
ORDINANCE NO. 1018
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE AMENDMENT OF CHAPTER 14, GARBAGE AND TRASH, BY AMENDING SECTIONS
14 -24 AND 14 -25 THEREOF, PROVIDING FOR A MONTHLY GARBAGE SERVICE CHARGE;
PROVIDING FOR THE METHOD OF BILLING, PAYMENT, AND COLLECTION; PROVIDING A
PENALTY; AND PROVIDING FOR THE DISCONTINUANCE OF SERVICE; REPEALING ORDI-
NANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance 1016 - Amending Code of Ordinances - Pollution Control
Councilman Kelley moved to adopt an ordinance to provide for pollution con-
trol in the City of Baytown by requiring copies of variance applications to be
submitted to the City Clerk, providing for public hearings, methods of conducting
such hearings and finalizing report of hearings and recommendations to be forwarded
to the Air Control Board. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1016
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 24�, AND TO BE
ENTITLED " POLLUTION CONTROL ", PRESCRIBING A LOCAL REVIEW PROCEDURE WITH
REGARD TO APPLICATIONS SUBMITTED TO THE TEXAS AIR CONTROL BOARD FOR THE
ISSUANCE, AMENDMENT OR EXTENSION OR VARIANCES; PROVIDING THAT COPIES OF
SUCH APPLICATIONS BE FILED WITH THE CITY CLERK; PROVIDING FOR PUBLIC
HEARINGS WITH REGARD TO ALL SUCH APPLICATIONS; PROVIDING FOR THE PROCE-
DURE OF SUCH PUBLIC HEARINGS; PROVIDING THAT-A REPORT-OF SUCH HEARING
AND RECOMMENDATIONS OF THE CITY COUNCIL BE FORWARDED TO THE TEXAS AIR
CONTROL BOARD; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CONSTRUED AS
BEING IN CONFLICT WITH ANY PROVISION OF THE TEXAS CLEAN AIR ACT; PRO-
VIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance 1017 - Discharging Air Rifles - City Limits
Councilman Kloesel moved to adopt an ordinance prohibiting the discharge of
air rifles or air pistols on public property or across the private property of
another. Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1017
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS PROVISIONS AND OFFENSES, BY
ADDING A NEW SECTION THERETO, TO -WIT: SECTION 17 -1.2, SO AS TO MAKE IT UN-
LAWFUL TO DISCHARGE AIR RIFLES OR AIR PISTOLS ON PUBLIC PROPERTY OR ACROSS
THE PRIVATE PROPERTY LINE OF ANOTHER; PROVIDING FOR A PENALTY NOT EXDEEDING
ONE HUNDRED AND N01100 ($100.00) DOLLARS: REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
Ordinance 1019 - Public Hearing on Ward Road Improvements - Highway 146 to Kilgore Rd.
Councilman Kelley moved to adopt an ordinance ordering the public hearing upon
the improvements of Ward Road, from State Highway 146 east to Kilgore Road, to be
held by the City Council in its Council Chambers at the City Hall in Baytown, Texas,
at 7:00 p.m. on the 26th day of March, 1970 at which time all persons owning or
claiming any property abutting said improvements shall be notified to appear and
to be heard. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Minutes, February 12, 1970 4756
The caption of the ordinance follows:
ORDINANCE NO. 1019
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND CONFIRMING ACTION
HERETOFORE TAKEN IN THE MATTER OF THE PERMANENT IMPROVEMENT OF WARD ROAD,
WITHIN THE LIMITS HEREINBELOW SET OUT; APPROVING AND ADOPTING THE WRITTEN
STATEMENT OF THE CITY'S ENGINEER SHOWING THE ESTIMATED COSTS OF IMPROVEMENTS
OF SAID STREET INCLUDING ESTIMATES OF THE AMOUNTS PER FRONT FOOT PROPOSED
TO BE ASSESSED AGAINST THE PROPERTY ABUTTING UPON SAID STREET TO BE IMPROVED
AND THE OWNERS THEREOF, AND OF OTHER COSTS AND MATTERS RELATING THERETO;
ORDERING THAT A HEARING BE HELD AND GIVEN TO ALL OWNING OR CLAIMING INTER-
EST IN PROPERTY ABUTTING SUCH PROPOSED IMPROVEMENTS AND AS TO OTHER MATTERS
RELATING THERETO, SETTING AND FIXING THE TIME AND PLACE OF SAID HEARING AND
DIRECTING THAT NOTICE THEREOF BE GIVEN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Committee Reports
Councilman Kelley reported that the Insurance Committee has met with the City's
Insurance Agents for a review of the ordinance which regulates the Insurance As-
sociation. He does have some recommended amendments which will be set forth in an
ordinance draft and mailed to the Council for its perusal prior to the regular
meeting. In reference to increased liability coverage across the board due to
the Torts Claim Act which became effective January 1, 1970, the Committee dis-
cussed the increased costs in premium. Presently the City has maximum $100 -300
fleet coverage and $5- $10 -$5 on some exposures. City Attorney Laughlin stated
that it was anticipated that the first year's insurance premium would be in the
range of $45,000 should the Council decide to go to complete across the board
comprehensive liability coverage up to our maximum of $100 -$300. However, the
next year's premium quotation would probably be higher because of the experience
throughout the State. Since there is a limit to what the City can or should do,
Mr. Laughlin stated that he felt that $5- $10 -$5 comprehensive liability was
adequate on areas and premises where the City nay anticipate sore occurances
which could lead to a claim. He recommended that the City act as self - insured on
the extra areas which are not presently covered under $5- $10 -$5 or the fleet
$100 -$100 liability coverage. The question will be resolved after the Council
has reviewed the ordinance.
Ordinance - Public Hearing Proposed Annexation Beach City
Councilman Kloesel moved to adopt an ordinance calling a public hearing
upon the proposed annexation of a 10 -foot strip around Beach City Community
Building. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 1020
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON
THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN,
TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE
OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
City Manager's Report
The Council reviewed the propositions which will be on the proposed Bond
Election ballot plus the amounts stipulated since printing must be done within a
short time. City Attorney Laughlin reviewed each proposition giving explanation
of the terminology and legal significance. Councilman Kelley moved to approve
the language of the propositions. Councilman Stasney seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Mr. Voelkel asked the Council to review the
three (3) sets of
specifications
r
which were given with the agenda information.
The administration
is prepared to
proceed with advertising for the vehicles, but
will hold off until
the Council has
had time to review them and submit any changes
if they so desire.
The Council reviewed the propositions which will be on the proposed Bond
Election ballot plus the amounts stipulated since printing must be done within a
short time. City Attorney Laughlin reviewed each proposition giving explanation
of the terminology and legal significance. Councilman Kelley moved to approve
the language of the propositions. Councilman Stasney seconded the motion. The
vote follows:
Ayes: Councilmen Kloesel, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
4757 Minutes, February 12, 1970
Adjourn
There being no further business to come before the Council, the motion was
made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor
declared the meeting adjourned.
&V., ,,
Ie� ayo
ATTESTED:
L'Mj 9ti'�
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney
I
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